Monday, March 17, 2014

ROOKER – FELDMAN DOCTRINE

The Plaintiffs' Challenge is NOT subject to dismissal under the Rooker - Feldman doctrine.

The Court indicated in the Memorandum of the Court dated October 29, 2013, page 8.

“To the extent that plaintiffs do 'not, [in their complaint,] complain of injuries caused by a state court decision,” and instead raise “a direct challenge to the constitutionality” of Rule 1.6, their complaint is “not subject to dismissal under the Rooker – Feldman Doctrine.” Gray v Yavil, 513 F. App'x 210, 212 (3d Cir.2013).

The plaintiffs' cases in the state court were presented for the District Court to take judicial notice of the matters in the state and Admissions were filed on October 18, 2013, Dkt. No. 9

The plaintiffs are not asking the district court to review and reject state court judgments.


RETURN TO REPLY BRIEF INDEX

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